The Distillation Act, 1868

An Act to regulate the Distillation Rectifying and Compounding
of Spirits and the Brewing of Beer and the Sale of Fermented
and Spiritous Liquors in certain cases and to provide for the
granting a Duty upon Spirits distilled in New Zealand
20 October 1868

Analysis
1. Short Title and commencement of Act
2. Ordinance and Acts repealed. Proceedings under repealed Acts
   to be continued.
3. Appointment of Officers
4. License how obtained
5. Vessels and form of license
6. Conditions of license
7. Premises to be inspected
8. Bond to be entered into
9. License to use naptha still
10. License to use stills for chemicals
11. Termination of License
12. Renewal of licenses
13. Refusal or suspension of licenses. Licenses may be revoked
    of distillery does not make five thousand gallons of spirit
    per year
14. Certain licenses to become void in certain cases
15. Distance between the premises of licensed persons and those
    of brewers.
16. No other trades allowed on the premises
17. Premises to be surrounded by a wall or fence
18. Regulations as to windows in distilleries
19. Distillers to furnish officers on duty with assistance ladder
    and lights.
20. Rubbish &c. to be removed by distiller
21. Office for Inspector
22. A proper spirit store to be provided in every distillery
23. Spirit cellar or storeroom to be registered
24. Provisions of Act to be complied with before license renewed.
    Additional vessels or pipes may be used on certain 
    conditions.
25. Description of wash charger. Low wines receiver. Feints
    receiver. Low wines and feints charger. Spirit receiver.
26. Return of gauges
27. Underground pipes to be enclosed in wooden cases
28. Ends of tail pipes to be secured
29. Discharge cocks of the fermenting back
30. Pipes &c. to be staunch
31. Construction of cocks
32. Utensils &c. to be kept in repair
33. Dipping holes
34. Vessels &c. not to be altered
35. Notice book
36. Entries on notice book how to be effectual
37. What material may be used in making wort
38. Notice of mashing
39. As to yeast and spent wash
40. Notice of setting up backs
41. Declaration of the highest specific gravity &c.
42. Increase of specific gravity or quantity
43. And proceedings therein
44. Course of wash through the different vessels
45. Regulations for production of spirits without previous
    production of low wines
46. Impure spirits may be redistilled
47. Wash charger to be cleaned out
48. Notice of charging the wash charger
49. Officer may lock coverings &c.
50. Officer may empty worm tubs
51. Officer may distil a sample
52. Officer may take samples and make trials
53. Chief Inspector may erect a still
54. Chief Inspector may superintend the distillation of a
    charge of wash
55. Notice of distillation from wine ale &c. &c.
56. The produce from worts made on the premises not to be mixed
    with produce of liquor fermented elsewhere
57. Saccharometers
58. Hydrometer
59. Distiller not to brew wort or use any still on Sunday or
    public holidays
60. Rate of Duty
62. Modes of charging duty
    (1) By quantity of spirits produced
    (2) By the produce as found in the low wines
    (3) Computation rateably with the attenuation
62. Duty chargeable on deficiency
63. Regulations to facilitate monthly account
64. Distiller made chargeable according to the highest guage
65. Spirits to be kept in vats only
66. Change in form of utensils
67. No sugar or syrup to be mixed with spirits
68. Limitation of hours for drawing off spirits
69. Stock account to be kept
70. Limitation in the size of casks
71. The true content to be marked on movable casks also name of
    distiller and place where his stock is kept
72. Allowance where spirits are destroyed by fire &c.
73. Certificate of payment of duty
74. Property on premises liable for duties in arrear or for
    penalties incurred
75. Permits for the removal of spirits
76. Spirits removed without permit may be seized
77. Officers may stop persons removing spirits and examine     permits
78. Unlawful permits
79. Distance between duty-paid spirit store and distillery
80. Mode of ascertaining quantity of spirits by weighing
81. Regulation for removal of spirits
82. Warehousing of spirits
83. Appointment of bonded warehouses
84. Spirits may be repacked in bonded warehouse
85. Entry to be made before removal
86. Spirits &c. may be removed from Customs warehouses to
    distillery store to be rectified
87. Spirits may be used for varnishes
88. Spirits may be removed to any Colonial port under bond
89. Spirits may be exported
90. Spirits may be exported under bond
91. Mode of proceeding where spirits are entered for home
    consumption or for exportation
92. Duties how to be paid
93. Return of spirits distilled to be published
94. Rectifier's receiver to be certified
95. Bond to be entered into
96. Rectifiers not to keep worts &c. on their premises
97. Regulation for rectifier's apparatus
98. Rectifier to give notice of charging still
99. Quantity and strength of spirits in rectifier's still to
    agree with the notice
100. Regulation of the operation of rectifying
101. Officer may secure rectifier's apparatus
102. Quantity of spirits produced by the rectifier not to exceed
     the quantity put into his still
103. Seizure of materials for distillation
104. Seizure of spirits
105. Proceedings under warrant
106. Under writ of assistance. Officers may enter premises to
     search for stills
107. Holding to bail before a Judge
108. Before a Justice of the Peace
109. Detainer of parties
110. Subsequent arrest of parties escaping
111. Keeping unlicensed still &c. Offender giving evidence in
     certain cases to be free from penalties
112. Penalty for selling illicit spirits
113. Officer may break up ground on the premises of a distiller
114. Officer may enter premises and seize still
115. License for making or repairing still
116. Notice of selling stills
117. Notice of setting up stills
118. Inspector may stop carts
119. Penalty for stealing spirits from distillery or bonded
     warehouse or for breaking locks &c.
120. Obstructing officer - penalty
121. Assaulting or resisting officer - penalty
122. Allowance to be granted in case of officers being killed or
     wounded on service
123. Bribes how punishable
124. Onus of proof to be on claimant
125. Registration of brewers
126. Penalty for brewing without license
127. Premises to be open for inspection
128. Brewing and sale of spirits to be in distinct premises
129. Quantity of spirits kept by brewers
130. Name painted on cart
131. Use of deleterious drugs prohibited
132. Penalty for having such drugs in brewer's possession
133. Penalty for selling such drugs
134. Penalty for selling unadulterated beer
135. Registration of spirit merchants
136. Spirit merchant's fee for registration
137. License in case of partnership
138. Onus of proof
139. Clerk of the Resident Magistrate's Court to make returns
140. Information may be heard and determined in a summary way
141. Penalties to be sued for within one year after the offence
142. Penalties joint and several may be sued for by joint and
     several informations
143. Form of information &c.
144. Offence to be set forth in the words of the Act
145. Proof of the officer's appointment unnecessary
146. Officer to have notice of action
147. Actions to be brought within three months &c.
148. Judge may certify probable cause of seizure
149. Officer may tender amends
150. Property seized to be claimed within ten days. Claims to be
     lodged with Commissioner of Customs
151. Admission of claims to property seized
152. Claimant to enter into a recognizance
153. Payment and distribution of penalties &c.
154. Imprisonment of convicted parties
155. Appeal
156. No writ of certiorari to issue
157. Commissioner may delegate all or any of his powers. Chief
     Inspector of Distilleries may delegate his powers.
158. Governor to make regulations. Operations of portions of this
     Act may be suspended
159. Interpretation of terms used in this Act. Schedules